Divorce Petition

The divorce process is initiated when a document known as the "Original Petition for Divorce" is filed with the local court clerk. This document is also called as a "Letter of Complaint" in some states. The intention of filing a divorce petition is that the petitioner requests the court to grant the divorce and grant any relief that the petitioner feels is due to him/her.

This document comprises of the following basic information.

• Identification of the parties and children, if they have any
• The reason for divorce (in several states, this reason is "incompatibility" or "irreconcilable differences")

After submitting the petition with the court clerk, the next step is to serve it to the respondent. From the date of service, the respondent is offered 30 days to file a response to the petition. During these 30 days, either partner may request for protective orders, restraining orders or temporary orders related to alimony and child support.

The usual information that is present in a divorce petition is as follows.

• Court name
• Case name
• Case number
• Name, date of birth, email address, residence address, mailing address, telephone number of work and home of the petitioner as well as the respondent
• City and state where the marriage took place
• Date of marriage
• Names and dates of birth of children born in the marriage
• Is the wife pregnant as per the knowledge of the parties?
• Does the husband or wife own real estate individually?
• Do the parties own real estate jointly?
• The cause of divorce
• Regarding the children mentioned in this petition, is any of the following in a pending state
  • Parental rights and responsibilities
  • Custody
  • Legitimization
  • Paternity
  • Domestic relations
  • Domestic violence
  • Juvenile
  • Adoption
• Does the petitioner wish temporary court orders regarding any of the following
  • Use of family home
  • Alimony
  • Use of personal property and payment of debt
  • Parenting plan
  • Child support
• The petitioner demands final orders regarding which of the following
  • Alimony
  • Child support obligations for any minor children
  • A parenting plan that describes the parental rights and responsibilities of the partners related to minor children
  • Any other relief

Here are some topics associated with divorce petition:

• Sample Divorce Petition – The contents of two sample divorce petitions are noted
• Counter Petition for Divorce – The concept, terminology and example of counter petition for divorce have been included
• Answer to Divorce Petition – The procedure to file an Answer to Divorce Petition has been detailed
• Withdraw Divorce Petition – The reasons for withdrawing divorce petition have been enumerated

Divorce Papers